Jennifer Sey on trans athlete wins in girls' track competition
Jennifer Sey, founder and CEO of XX-XY Athletics, addresses the ongoing debate around a transgender high school athlete winning state track titles in California. Sey highlights that biological boys competing in girls' sports undermines fair competition, advocating for national and state legislation to uphold Title IX's intent.
A federal judge has dismissed a major Department of Justice lawsuit against California, paving the way for biological males to keep competing in girls' sports.
U.S. District Judge Cynthia Valenzuela shut down the case Monday, with the decision made public and drawing an immediate DOJ response on Tuesday.
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Trump’s Justice Department originally stepped in to defend fair play, suing to enforce Title IX as a shield for female athletes rather than a loophole for male competitors.
SUPREME COURT MAKES RULING ON TRANS ATHLETES IN WOMEN'S SPORTS
California girls' track and field athletes protest trans inclusion in girls' sports at a postseason meet at Yorba Linda High School on Saturday, May 10, 2025
First-place winners AB Hernandez, left, and Jillene Wetteland share a light moment before the medal ceremony for the high jump at the California high school track-and-field championships in Clovis, Calif., Saturday, May 31, 2025. (AP Photo/Jae C. Hong)
The court avoided the underlying debate over biological fairness entirely. Instead, Judge Valenzuela grounded her decision in administrative funding rules, finding that the federal government failed to give California explicit prior notice before threatening to pull $44 billion in education funds.
Justice Department officials confirmed they are already reviewing an appeal. "We are disappointed by the Court’s order and remain committed to enforcing President Trump’s agenda of preventing boys from playing in girls’ sports," a Justice Department spokesperson stated following the decision.
The ruling also comes shortly after the Supreme Court upheld states’ authority to ban trans athletes from competing in girls’ and women’s sports.
But the justices did not require states to adopt such restrictions, leaving California’s policy in place while the DOJ considers an appeal.
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AB Hernandez, center, flashes a sign as she shares the first-place spot on the podium with Jillene Wetteland, left, and Lelani Laruelle during a medal ceremony for the high jump at the California high school track-and-field championships in Clovis, Calif., Saturday, May 31, 2025. At right is third-place finisher Julia Teven. (AP Photo/Jae C. Hong)
AB Hernandez stands on the first-place podium alongside a female oppponent at the 2026 California track and field state championships. It was a flashpoint in the history of girls' sports. (Fox News Digital)
Progressives downplay the issue by noting that fewer than 10 transgender athletes compete among the state's millions of students.
But critics argue the issue cannot be measured by headcount alone. One biological male can change a state championship result, take a varsity spot from a female athlete or affect college recruiting and name, image and likeness opportunities.
Title IX was enacted in 1972 to guarantee equal opportunities for female athletes.
Under Gov. Gavin Newsom, Sacramento lawmakers and the California Interscholastic Federation have followed a policy since 2013 allowing biological males who identify as female to compete on girls’ sports teams.
Recently, the controversy came into focus in California through AB Hernandez, a trans athlete from Jurupa Valley High School who competed in girls’ track and field and volleyball.
Across the 2025 and 2026 CIF State Track & Field Championships, Hernandez captured four state titles, securing back-to-back victories in both the high jump and triple jump, along with a third-place finish in the 2026 long jump.
The competitive disparity forced CIF to create duplicate medals for female athletes pushed down the podium.
People hold Save Girls Sports signs in protest of a transgender athlete during the CIF State Track and Field Championships at Veterans Memorial Stadium on May 30, 2025, in Clovis, California. (Kirby Lee/Getty Images)
When Hernandez joined the girls' varsity volleyball team, the issue expanded from competitive fairness to physical safety. Multiple rival high schools chose to forfeit their matches entirely rather than place their female players on the court against high-velocity net play.
A single federal judge in California won't have the last word on the future of Title IX.
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Alejandro Avila is a longtime writer at OutKick, living in Southern California.
